Employer refuses to give original job back?

Question

I was sick for 3 months with MS relapse now my Boss says I cannot have my original schedule and position for fear I may relapse. I can still do my job I only have a very slight limp, I have been replaced by someone with less experience and less time in than me, but Boss still comes to me to help my replacement do things.

I had been in remission for 11 years and never took time off for this until this year I would always work through an exacerbation and they knew this, I followed FMLA guidelines and returned to work at the end of my allotted time but not without first being threatened of losing my job if I wasn't released by my Dr. by a certain time.

Answer 1

This is a little bit of a grey area. While he cannot discriminate you from having an illness, he does have the right to fill a position with someone who is capable of fulfilling the job requirements. I know that in almost all of the places I have worked at, if too many days have been missed by a particular illness, they have the right to fire me because I was not able to fill the obligations of the job.

Answer 2

Your employer is NOT required to hold your specific job. As long as they give you an 'equivalent' job with 'equivalent' pay, they or following the law. The meaning of 'equivalent' is open to interpretation.

Answer 3

If you are in the US, discrimination is illegal. If you are losing wages, you may have grounds to make a claim for the difference. The only time your job duties can be changed are to accommodate you, if you have a disability that requires modification.

Answer 4

I would contact a lawyer about this. He cannot fire you, but he has only changed your job/duties. Has he changed your pay?
This may be one of those grey areas. A lawyer would be able to help.

Answer 5

Go to HR or quit helping.

Answer 6

If you were approved and on F.M.L.A. - go to your EEOC office and file a charge.